Harris v. State of Texas
Filing
2
MEMORANDUM OPINION regarding transer. Signed by Magistrate Judge Zack Hawthorn on 5/7/2013. (bjc)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
BEAUMONT DIVISION
TERRANCE ANDRE HARRIS
§
VS.
§
DIRECTOR, TDCJ-CID
§
CIVIL ACTION NO. 1:13-CV-240
MEMORANDUM OPINION REGARDING TRANSFER
Petitioner, Terrance Andre Harris, an inmate currently confined at the Larry Gist State Jail,
proceeding pro se, brings this petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254
contesting his conviction and sentence.
The above-styled action was referred to the undersigned Magistrate Judge pursuant to 28
U.S.C. § 636 and the Local Rules for the Assignment of Duties to the United States Magistrate Judge
for findings of fact, conclusions of law, and recommendations for the disposition of the case.
Discussion
Title 28 U.S.C. § 2254(a) allows a district court to “entertain an application for writ of
habeas corpus in behalf of a person in custody pursuant to the judgment of a State court only on
the ground that he is in custody in violation of the Constitution or laws or treaties of the United
States.” 28 U.S.C. § 2254(a). A state prisoner is required to file his federal petition for writ of
habeas corpus in either the district where the prisoner is incarcerated or the district where the
prisoner was convicted and sentenced. 28 U.S.C. § 2241(d). Although both district courts have
jurisdiction to entertain the application, “[t]he district court for the district wherein such an
application is filed in the exercise of its discretion and in furtherance of justice may transfer the
application to the other district court for hearing and determination.” Id.
Petitioner was convicted and sentenced in Galveston County, Texas, which is located in
the Southern District of Texas and contests the chain of custody regarding the drug evidence used
in his criminal conviction.1 Petitioner filed this petition in the Beaumont Division of the Eastern
District of Texas where he is currently housed.
Conclusion
The Court has considered the circumstances underlying the particular facts of this case
and has determined that the interests of justice would be served by transferring this petition to the
division where petitioner was convicted. Therefore, the petition should be transferred to the
Galveston Division of the Southern District of Texas for hearing and determination. An order
transferring the case will be entered by the undersigned.
SIGNED this 7th day of May, 2013.
_________________________
Zack Hawthorn
United States Magistrate Judge
1
Attached to his petition, petitioner provided a letter from the District Attorney’s Office for Fort Bend County,
Texas. In this letter, the District Attorney for Fort Bend County notified petitioner of an investigation involving the
forensic scientist who analyzed the evidence in petitioner’s underlying criminal trial. An investigation by the Texas
Department of Public Safety revealed evidence of misconduct by this forensic scientist in a separate criminal matter.
2
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